MUKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned State counsel has filed affidavit dated 09.3.2012 of Sh. Surinder Pal Khanna, PPS, Superintendent Central Jail, Jalandhar mentioning the period of imprisonment undergone by the applicant/appellant Mukesh Kumar in Court today which is taken on record.

(2.) Heard counsel for the parties. The Crl. Misc. application has been filed seeking suspension of sentence of the applicant/appellant Mukesh Kumar during the pendency of the appeal.

(3.) The prosecution case is registered on the basis of memo sent by Inspector/SHO Jaskiranjit Singh, Police Station Phillaur (PW3) on 23.8.2006 stating that on the said day he along with other police officials was present near Sutlej Bridge, Phillaur in connection with a special barricade that had been set up. There he received secret information that Darshan Singh, Pardeep Kumar and Mukesh Kumar (applicant/appellant) were carrying poppy husk in LP Truck No.HR 61-2335 for supplying it in the area of Nawanshahr. In the meantime, Amrit Bhakhri also met the police party and he was joined with it. After a few minutes, the truck regarding which secret information had been received was seen coming from Ludhiana side. It was signalled to stop. Three persons namely Darshan Singh, Pardeep Kumar and Mukesh Kumar (applicant/appellant) were found present in the truck. Darshan Kumar was driving the truck, while Pardeep Kumar and Mukesh Kumar (applicant/appellant) were sitting by his side. After complying with necessary formalities, the truck was searched by Inspector/SHO Jaskiranjit Singh, Police Station Phillaur (PW3) in the presence of Gursharandeep Singh, DSP Sub- Division, Phillaur. On search of the truck, 15 bags of poppy husk were recovered which were covered under the tarpaulin. On weighing, each bag was found to contain 35 kgs of poppy husk.